Front-end Collision, Conflicting Accounts of Accident

Check also NADA and edmonds.com. Kelly Blue Book may be high. NADA is probably a more realistic value.

According to Mo DOI, Mo is a pure comparative fault state. That means the insurance companies may assign a percentage of fault to both drivers. She may be 70, and you 30. or 90/10. Resolving that type of claim can take some time. Hang in there, and concentrate on your exams. You should be able to settle your claim with your insurance co fairly quickly. Then they'll try to recover from the other carrier. If they're successful, they'll reimburse your deductible.

Do you know the other insurance co yet?

 

Off topic, but...

Not true, actually.

So as long as it's not opened, it can be anywhere you like. Once it's open, it has to be in the trunk, or, for our Prii, in the rear hatch.

 

In addition to the body shop, I would have it checked out by Toyota.

 

OP: I just finished reading all of this unfortunate saga. Good news on the repair to your car and that you leased it. As someone pointed out, when the lease is done, surrender the car. It will have permanent diminished value.

Thank goodness no one was hurt, but did your insurance agent check with the other driver to be sure? Sometimes parties to an accident "develop" a problem later on. As a future attorney, you will probably see this happen with litigants.

Just looking at your photos, I have some doubts. Even if you both had a normal green light and she did not have an arrow (even though she said she had one) your damage implies she had almost made it thru the intersection (it was your right fender damaged and not your left). Do you recall how fast you were going? What part of her car was damaged...her right door or right rear quarter panel? You mentioned T-boning her. I hope it all works out, but if she hires an attorney, they may question all that beer in the front seat...sorry to say.

 

It's going to be closer to KBB trade in value. Plus KBB seems way high on prices, my II has went from 16,000PPV to almost 20,000PPV over the last year. I know nobody will pay me 20k for a two year old car with 40,000 miles on it.

 

^^^ This is true. KBB is reporting very high prices these days, more than I think is the actual value.

Upon my total loss, my insurance did give me more than KBB however. This covers sales tax, registration, etc. on an equivalent replacement vehicle. Also they gave consideration for the fact that my tires were almost new, my registration was just renewed, and that I just had a major service check done.

 

Not necessarily. The OP could have swerved strongly to the left in order to avoid T-boning her but it was too late.

 

That's counter-intuitive as it would have aimed him into oncoming traffic (assuming the light is still green). I wouldn't do it. My guess is she cut in front of him and he clipped her right side with his right front corner, but let's hear from the OP.

 

We do not know how many lanes were in the street; however, if the lane to the left was empty the OP could have swerved strongly to that lane, but yeah, let's hear from the OP.

 

Again, I think I speak for all of us here on PC that you and hopefully the other driver are OK. I was in a head-on accident when I was younger too so I understand the stress of it all. I was in college at the time and it did affect my semester, but I eventually got past it.

OK, so this was more or less a head-on by your car into the other driver's right side (you mentioned both her right side doors were crumpled). Do you recall how fast you were going? Since your right front corner took the brunt of the crash, it would seem she was 1/2 way into completing the turn (no front end damage to her car). I'm not sure how MO law works, but it might be a 50/50 blame depending on how the lights were. I tend to believe both directions were "normal green" with no arrow for her. You will find out if the county attorney sends you a letter requesting a court appearance. No one got a ticket at my accident either, but it was under review and I was later brought to justice. I got a citation for deviating out of my lane, and so did the other party. Oh well, that was long ago and far away as they say.

The only way the beer could be an issue is if she decides to litigate. It's sad how an opposing attorney can twist and distort facts. Hopefully you have a clean driving history. Your best bet is to make sure your insurance agent checks with her or her agent to get a release that she had no unseen medical problems as a result of the crash. You should do the same, even if all you do is see your doctor and tell him/her you were in an accident. CYA.

Best of luck on your exams. Cars can be fixed or replaced...people can't.

 

You're welcome Keep us posted on how it all works out. Try to focus on your exams.

 

i was just checking in what is the total bill going to be? I'm just wondering cause it seems like i'm the only one in here willing to bet its not totaled.

 

As stated above by op

$9,348

not totaled

 

Thanks, i looked through all the pages but i guess i missed it.

 

The "right of way" prevails when there is no witness to a accident.

EX: Four way stop sign, the driver on your right runs through the stop sign and you hit him. You both claim to have stopped first but since there is no witness, you are at fault because the "right of way" belongs to the driver on your right. Even if he hits you because he ran the red stop sign, you still are at fault because he has the "right of way" if he doesn't admit running the stop sign.

OP, how about drawing a simple stick figure diagram and posting how the accident occurred?

 

I think you might have it backwards. New Jersey, where the OP lives, is a "51%" state. California is not. You can read explanations about fault and how it is determined at this site:
Car Accident Claim: Who is at Fault?